REPORT OF THE DIRECTOR 1923 77 
In blood these Indians have undergone a change. The numerous 
intermarriages of the whites with the Indians of New York have 
diluted the Indian blood until it is a question whether the average 
New York Indian has not at least three-eighths white blood. Many 
are half white or more, but the blood status is concealed under the 
belief that the child takes the blood status of the mother. 
It thus appears that neither in needs and economic condition nor 
by blood are these Indians the same people or the same sort of people 
as those who signed the basic treaties more than a century ago. 
This fact demonstrates, in view of the present complex condition 
of affairs, that there is need of a realignment of the whole situation 
in order that there may be a clear definition of the precise relations 
of the Indians and the Federal and the State Government, point by 
point and detail by detail. 
All authorities who deal with the Indians agree that the present 
situation is intolerable and leads to great injury to the Indians and 
to the detriment of the people of the State. 
This arises from the fact that the Indian governments are imper- 
fect in themselves and still further restrained from functioning by 
the restrictions of federal laws and court decisions. It arises from 
the fact that the Federal Government holds that the New Yerk 
tribes are federal wards, dependent nations, “distinct communities” 
of people “in a state of pupilage,” and therefore restrained from the 
assertion of nationality to the extent of being forbidden to hold 
criminal courts or to apprehend criminals within their borders, and 
further forbidden to have any external foreign relations save with 
the people and Government of the United States. It arises from the 
fact that most public improvements and institutions are supplied by 
the State of New York. 
All this is subversive of distinct and independent nationality and 
the mixture of authority prevents any adequate administration of the 
affairs of the respective tribes including the administration of 
justice. A tribal Indian can do all manner of injustice to his fellow- 
men on a reservation and suffer no legal consequences, save the pos- 
sible feudal revenge of the injured party. This is demoralizing, 
and would be ruinous to the tribe if Indians as a rule were inclined 
to criminality, which fortunately, they are not. 
Plainly, the strong, just hand of well-organized government is 
needed, but at every turn in this triangle each authority is restrained 
by the two other angles. 
This is what constitutes the obstacle in the settlement of the legal 
side of the Indian problem. Both the State and the Nation must 
come to an agreement as to what authority shall prevail. 
